HOTEL VIRAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Captioned writ petitions are materially connected in respect of declining renewal of licence to FL-11 licenses on the basis of the judgment of the Apex Court in State of Tamil Nadu and others v. K. Balu and another [2017 (1) KHC 26 (SC)] and the clarification order dated 11.7.2017 in the said judgment. The hotel in W.P.(C) No.30400/2017 was conducting bar till 31.3.2015. Consequent to the change of policy, petitioner was issued with FL-11 licence. Though FL-11 licence as per Ext.P3 is renewed for the year 2017- 2018 on payment of requisite fee, same was closed on 1.4.2017 alleging that, the hotel is situated within 500 meters from NH-16 (old NH-17) passing through Kottackal Municipality. According to the petitioner, all hotels opposite to the hotel of the petitioner were also closed. The hotel of the petitioner is located in Edarikode Panchayat whereas Hotel Rydges Inn is situated in the Kottackal Municipality. However, the highway in question is one and the same. It is submitted by the petitioner that as per Ext.P4 clarification order of the Apex Court in K. Balu supra, the highways providing connectivity between cities, towns and villages are only considered as highway and the highway passing through cities, towns and villages are not considered as highway. Consequent to Ext.P4, 1st respondent issued a letter directing to renew or grant liquor licences to all the liquor outlets, which are situated/located on the side of the highways passing through cities, towns or villages except the highway providing connectivity between the cities, towns and villages. Thereafter, hotel Rydges Inn situated in Kottackal Municipality on the side of the same highway is given renewal of their FL-3 licence but the application submitted by the petitioner is forwarded by the 3rd respondent to 2nd respondent, evident from Ext.P5 requesting, direction to consider the application since the hotel is located within the Panchayat. Petitioner has submitted Ext.P6 application dated 29.8.2017 explaining the legal and factual position and seeking to grant renewal based on Ext.P4 clarificatory order passed by the Apex Court. Thereafter, petitioner has filed W.P.(C) No.28631/2017 and secured Ext.P7 judgment directing the 3rd respondent to consider and pass orders on Ext.P6 within two weeks from the date of receipt of a copy of the judgment. Third respondent as per the directives contained in Ext.P7 judgment, passed Ext.P8 without securing any order from respondents 1 and 2, rejecting Ext.P6 application holding that, establishments in municipal area alone are allowed to be renewed as per Ext.P9 letter of the 1st respondent, and also interpreting paragraph 7 of the clarificatory order of the Apex Court in K.Balu supra. Therefore, according to the petitioner, Ext.P8 is liable to be interfered with.

(2.) A counter affidavit is filed by the 3rd respondent, on behalf of 2nd respondent refuting the allegations and claims and demands raised by the petitioner. According to the 3rd respondent, Ext.P8 order is passed in accordance with Ext.P4 clarificatory order passed by the Apex Court since the hotel of the petitioner is within the prohibited degree of distance from the National Highway - 16 and is situated in the Panchayat area. Therefore, petitioner is not entitled to secure any benefit on the basis of Ext.P4 clarificatory order. It is also contended that, Ext.P4 clarification is issued with respect to hotels situated within the municipal areas, which cannot be stretched by the petitioner to secure the relief as is sought for in the writ petition. That apart it is submitted, the hotel of the petitioner is situated in the Edarikode Panchayat area and that too within the 500 meters distance, prohibited by the Apex Court in K.Balu supra. Therefore, it is the contention of the respondents that, Ext.P8 is in accordance with law and interference of this court may not be justified.

(3.) Similar is the situation with respect to the petitioner hotel in W.P.(C) No.31540/2017. The renewal of the licence for the year 2017-2018 was made after receiving requisite licence fee. But the same is closed on 1.4.2017 holding that, the same is situated within 500 meters from NH-544 (old NH-47) passing through Thrissur Corporation, Kuttanelloor - Mannuthy.